CSSB 40(L&C): "An Act prohibiting certain automated telephone solicitations."
00 CS FOR SENATE BILL NO. 40(L&C) 01 "An Act prohibiting certain automated telephone solicitations." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 45.50.475(a) is amended to read: 04 (a) A person is in violation of AS 45.50.471(b)(41) if the person 05 (1) [REPEALED 06 (2)] engages in the telephone solicitation of a customer whose 07 telephone number has been registered with the national do not call registry for the 08 minimum amount of time required by the national do not call registry before the date 09 the call is made; 10 (2) [(3)] engages in the telephone solicitation of a customer who has 11 previously communicated to the telephone solicitor, or to the business enterprise or 12 charitable organization for which the person is calling, the customer's desire not to 13 receive telephone solicitations to that number; 14 (3) [OR (4)] originates a telephone call using an automated or recorded 15 message as a telephonic advertisement or a telephone solicitation; or
01 (4) uses an automated telephone system, device, or facsimile 02 machine for the selection and dialing of telephone numbers and playing of 03 recorded messages if a message is completed to the dialed number. 04 * Sec. 2. AS 45.50.475(d) is amended to read: 05 (d) A person who employs individuals to engage in telephone solicitations is 06 not liable for a violation of (a)(1) and (2) [(a)(1) - (3)] of this section if the person 07 establishes that 08 (1) the person has adopted and implemented written procedures and 09 policies to comply with (a)(1) and (2) [(a)(1) - (3)] of this section, including 10 corrective actions if appropriate; 11 (2) the person has trained its personnel in the procedures and policies 12 established under (1) of this subsection; 13 (3) the call that violated (a)(1) and (2) [(a)(1) - (3)] of this section was 14 made contrary to the procedures and policies established by the person; and 15 (4) the call that violated (a)(1) and (2) [(a)(1) - (3)] of this section was 16 made as a result of a good faith error. 17 * Sec. 3. AS 45.50.475(e) is amended to read: 18 (e) An individual who solicits a telephone customer in violation of (a)(1) and 19 (2) [(a)(1) - (3)] of this section is not liable for the violation if the individual 20 establishes that the individual did not intend to make the call in violation of this 21 section and did not recklessly disregard information or policies and procedures that 22 would have avoided the improper call. 23 * Sec. 4. AS 45.50.475 is amended by adding new subsections to read: 24 (h) A person is not liable for a violation of (a)(4) of this section if the person 25 uses 26 (1) an automated telephone system, device, or facsimile machine for 27 the purposes of 28 (A) informing purchasers of the receipt, availability for 29 delivery, delay in delivery, or other pertinent information on the status of any 30 purchased goods or services; 31 (B) responding to an inquiry initiated by the person receiving
01 the automated communication; 02 (C) informing the recipient of a matter involving public safety; 03 (D) delivering requested information to a person as part of a 04 membership agreement; or 05 (E) informing a customer of pertinent information based on a 06 relationship between a privately or publicly owned utility and a customer; or 07 (2) an automated telephone system or device if the person obtains the 08 permission of the called party by a live operator before the recorded message is 09 delivered. 10 (i) In addition to any other penalties provided for under this chapter, a person 11 violating (a)(4) of this section is guilty of a violation and, upon conviction, is 12 punishable by a fine of not more than $500 for each unlawful act or practice.